12 wp 3219 2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3219 OF 2024 Balbhim Shivajirao Gite ... Petitioner Versus Kaushalya Manikrao Gaikwad and Others ... Respondents … • Mr. S. W. Munde, Advocate for the Petitioner • Mr. S. B. Choudhari, Advocate for Respondent No. 3 … CORAM : ROHIT W. JOSHI, J. DATE : 16th JUNE, 2025 O R D E R : 1. The petition takes exception to order dated 25.09.2023 passed by the learned Jt. Civil Judge (S.D.), Ambajogai, rejecting the plaint in Special Civil Suit No. 63/2023 filed by the present petitioner invoking powers under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (for short ‘CPC’). An order of rejection of plaint under Order 7 Rule 11 is a decree within the meaning of Section 2(2) of CPC. In view of availability of an alternate remedy of filing a substantive appeal under Section 96 of the CPC, the writ petition is not entertained. 2. The petition is dismissed, with liberty to file appeal, if so advised. 3. Needless to mention that since the plaint is rejected the komal kamble 1/2 2025:BHC-AUG:15056 12 wp 3219 2024 petitioner - plaintiff may file a fresh suit in view of the Order VII Rule 13 of the Code of Civil Procedure, which if filed will be decided on its own merits in accordance with law. 4. The learned counsel for the petitioner makes a request that court free in the present suit may be refunded. The petitioner is at liberty to move an appropriate application before the learned Trial Court in this regard. The application if filed be decided on its own merits in accordance with law. [ROHIT W. JOSHI] JUDGE komal kamble 2/2